John Doe v. Smith

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ) JOHN DOE, ) ) Petitioner, ) ) v. ) Civil No. 17-11231-LTS ) YOLANDA SMITH et al., ) ) Respondents. ) ) MEMORANDUM ON PETITION FOR WRIT OF HABEAS CORPUS (DOC. NO. 1) December 19, 2017 SOROKIN, J. Congress has granted the Executive Branch broad authority to detain noncitizens facing removal proceedings in order to ensure their appearance in immigration court and availability for removal, as well as to prevent danger to the community. 8 U.S.C. § 1226; Demore v. Kim,

538 U.S. 510, 517-30

(2003). “But that power is subject to important…